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BARTLAW LLP Canadian Immigration Newsletter

Publicado el 19/8/2019

Habeas Corpus is a Possible Solution

for Immigration Detention

This summer, Carrie Wright and Jacqueline Bart wrote a four part series on Habeas Corpus and immigration detention for the Lawyers’ Daily Canadian publication. A summary of the four part article follows:

Immigration lawyers everywhere whose clients include those being held in immigration detention have a new avenue for seeking the release of their clients, thanks to the the Supreme Court’s decision in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, 2019 SCC 29. In this seminal decision, the Supreme Court confirmed the availability of a writ of habeas corpus to those being held in immigration detention.

The writ of habeas corpus was initially a writ at common law, and was later included in Section 10(c) of the Canadian Charter of Rights and Freedoms, which gives everyone “the right, on arrest or detention […] to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.” It is an essential remedy to protect individuals from unlawful deprivations of liberty.

Jurisdiction to hear and grant requests for a writ of habeas corpus remains with the provincial courts, including requests in the immigration context, unlike all other immigration matters, which fall within the jurisdiction of the Federal Court. Click Here to continue reading.

For a full review of the history of habeas corpus in the immigration context and the Supreme Court’s decision in Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29, please see our four-part series in the Lawyer’s Daily:

Part One: https://www.thelawyersdaily.ca/articles/11910/habeas-corpus-and-immigration-detention-really-an-option-?category=analysis

Part Two: https://www.thelawyersdaily.ca/articles/12151/habeas-corpus-and-immigration-detention-top-court-to-weigh-in?category=analysis

Part Three: https://www.thelawyersdaily.ca/articles/12473/habeas-corpus-and-immigration-detention-now-a-real-option-?spotlight=1

Part Four: https://www.thelawyersdaily.ca/articles/12704/habeas-corpus-and-immigration-detention-review-of-the-law?category=analysis

 

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